HomeMy WebLinkAbout2001-045 - Approving Conditional Use Permit No. 2001-14RESOLUTION NO. 2001-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2001-14 AND VARIANCE NO. 2001-03 TO ALLOW A DRIVE
THROUGH ATM AND TO REDUCE REQUIRED PARKING
AND LANDSCAPING REQUIREMENTS FOR THE
PROPERTY LOCATED AT 1418 NORTH MAIN STREET
CN: 7/8/01
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council does hereby find, determine and declare as follows:
Conditional Use Permit No. 2001-14 and Variance No. 2001-03 have been
filed with the City of Santa Ana to allow a drive through automatic teller
machine and to allow a reduction in the parking and landscaping
requirements for the property located at 1418 North Main Street. Zoning
Ordinance Amendment No. 2001-05 is also being proposed to allow drive-
through ATM's as a conditional use in the Community and Specialty Retail
Districts of the Midtown Specific Plan where the subject property is
located.
The Planning Commission held a duly noticed public hearing on June 11,
2001, and recommended that the City Council approve Zoning Ordinance
Amendment No. 2001-05, Conditional Permit No. 2001-14 and Variance
No. 2001-03
Mitigated Negative Declaration and Mitigation Monitoring Program for
Environmental Review No. 2001-86 has been prepared for the Project.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the Mitigated Negative Declaration and Mitigation
Monitoring Program for Environmental Review No. 2001-86 prepared with respect to this
Project. It is determined that, as required pursuant to the California Environmental
Quality Act ("CEQA") and the State CEQA Guidelines, a Mitigated Negative Declaration
and Mitigation Monitoring Program adequately address the expected environmental
impacts of this Project. On the basis of this review, the City Council finds that there is no
evidence from which it can be fairly argued that the project will have a significant adverse
effect on the environment. The City Council hereby certifies and approves Mitigated
Negative Declaration and accompanying Mitigation Monitoring Program and directs that
the Notice of Determination be prepared and filed with the County Clerk of the County of
Orange in the manner required by law.
Resolution No. 2001-045
Page 1 of 7
Pursuant to Title XlV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the
City Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 3. The City Council approves Conditional Use Permit No. 2001-14 as
conditioned in Exhibit"A" attached hereto and incorporated herein. The City Council
further expresses its intent that Conditional Use Permit No. 2001-14 shall not become
effective until such time as Zoning Ordinance Amendment No, 2001-05 is approved and
becomes effective.
Section 4. The City Council makes, adopts and relies upon the findings of fact
attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to
approve Conditional Use Permit No. 2001-14.
Section 5. The City Council approves Variance No. 2001-03 as conditioned in
Exhibit "C" attached hereto and incorporated herein. The City Council further expresses
its intent that Variance No. 2001-03 shall not become effective until such time as Zoning
Ordinance Amendment No. 2001-05 is approved and becomes effective.
Section 6. The City Council makes, adopts and relies upon the findings of fact
attached hereto as Exhibit "D" and incorporated herein, in rendering its decision to
approve Variance No. 2001-03.
ADOPTED this 2nd dayof July ,2001.
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Christopher G. Norman'
Assistant City Attorney
Resotution No. 2001-045
Page 2 of 7
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Bist, Franklin Solorio (4)
None
Christy (1)
McGuigan, Pulido (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001-045 to be the original resolution adopted by the City
Council of the City of Santa Ana on July 2, 2001.
Clerk of the Council [)
City of Santa Ana
Resolution No. 2001-045
Page 3 of 7
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2001-14
Should Conditional Use Permit No. 2001-14 be approved, the project shall comply with
all applicable sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code and all other applicable
regulations. In addition, it shall meet the following conditions:
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout
the life of the conditional use permit. Failure to comply with each and every condition
may result in the revocation of the conditional use permit.
A. Planninq Division
Any amendment to this conditional use permit must be submitted to the
Planning Division for review.
2. The project shall remain in compliance with Site Plan Review
(Development Project No. 99-045).
A lot line adjustment application shall be submitted and approved prior to
issuance of building permits.
saamt, U~t~j~.Jl. '' .. i~t3~.'.~e~,l~ (Modified by
the Planning Commission June 11, 2001.)
(Modified by staff June 20, 2001.)
(Modified by City Council July 2, 2001.)
Police Department
1. The ATM must conform fully with Section 13030 through 13041 of the
Financial Code specifically, lighting levels.
Resolution No. 2001-045
Page 4 of 7
EXHIBIT "B"
FINDINGS OF FACT
CONDITIONAL USE PERMIT NO. 2001-14
Will the proposed use provide a service or facility which will contribute to the
general well being of the neighborhood or community?
New drive-through automated teller machines (ATMs) will provide a
benefit to the surrounding area and the motoring public by furnishing
alternative banking services within the Midtown Specific Plan.
Will the proposed use under the circumstances of the particular case be
detrimental to the health, safety or general welfare or persons residing or
working in the vicinity?
The drive-through will be designed as to not interfere with off-site
circulation and allow ingress and egress from the site in a safe manner.
The new facility will provide adequate stacking lanes so that queuing
vehicles do not create an unsafe situation.
Will the proposed use adversely affect the present economic stability of future
economic development of properties surrounding the area?
The allowance of a drive-through component for banking services will
allow the rouse of a currently vacant office building. A new use and
rouse of the vacant building will help to rejuvenate this section of the
North Main Street corridor and help boost the economic revitalization to
the area.
Will the proposed use comply with the regulations and conditions specified in
Chapter 41 of the Santa Ana Municipal Code for such a use?
The proposed drive-through service has been designed to meet all
Municipal Code requirements.
Will the proposed use adversely affect the General Plan or any specific plan of
the City?
A commercial use such as a drive-through for banking services is
consistent with both the Midtown Specific Plan and General Plan land use
designation.
Resolution No. 2001-045
Page 5 of 7
EXHIBIT "C"
CONDITIONS OF APPROVAL
VARIANCE NO. 2001-03
Should Variance 2001-03 be approved, the project shall comply with all applicable
sections of the Santa Ana Municipal Code, the California Administrative Code, the
Uniform Fire Code, the Uniform Building Code and all other applicable regulations. In
addition, it shall meet the following conditions:
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout
the life of the variance. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Planninq Division
Any amendment to this variance must be submitted to the Planning
Division for review.
The project shall remain in compliance with Site Plan Review
(Development Project No. 99~045).
A lot line adjustment application shall be submitted and approved prior to
issuance of building permits.
(Modified by the Planning
Commission June 11, 2001.)
(Modified by staff June 20, 200~.)
B. Police Department
The ATM must conform fully with Section 13030 through 13041 of the
Financial Code specifically, lighting levels.
Resolution No. 2001-045
Page 6 of 7
EXHIBIT "D"
FINDINGS OF FACT
VARIANCE NO. 2001-03
That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of the zoning ordinance is found to deprive the subject property of
privileges not otherwise at variance with the intent and purpose of the
provisions of the Municipal Code;
The existence of two buildings on-site and the lack of parking expansion
opportunities limit the ability to provide both parking and landscaping in
full compliance with the development standards. The approval of a
reduction in parking utilizing the Urban Land Institute's accepted
methodology allows a mixture of uses to utilize the property. Based on
the analysis, parking will be adequate to handle the uses on-site.
That the granting of a variance is necessary for the preservation and enjoyment
of one or more substantial property rights;
Approval of the parking and landscape variance allows the applicant to
utilize the existing buildings and site in a safe manner while providing
adequate parking and landscaping for the development site.
That the granting of a variance will not be materially detrimental to the public
welfare or injurious to surrounding property;
Granting a variance will not be detrimental to the public and surrounding
properties by not requiring full compliance with parking and landscaping.
The approval to allow a reduction in parking and landscaping
requirement will not be a detriment to the surrounding properties, Based
on the parking analysis, adequate parking will be provided and will not
impact the surrounding environment.
That the granting of a variance will not adversely affect the General Plan of the
City;
The granting of the variance will not adversely affect the City's General
Plan land use designation for the area.
Resolution No. 2001-045
Page 7 of 7